A prosecutor from Hancock County admitted Monday morning to a state supreme court justice that she violated rules of the Maine Bar when she prosecuted a former Gouldsboro man on gross sexual assault and misdemeanor assault charges.
Mary Kellett, assistant district attorney for Hancock County, appeared Monday before Justice Ellen Gorman after the Maine Board of Overseers of the Bar recommended late last year that she be suspended. A board grievance panel met in Bangor last fall to consider a misconduct complaint filed against Kellett by Vladek Filler and determined that Kellett had violated seven bar rules in handling Filler’s assault case. The board’s recommendation that Kellett be suspended is the only such recommendation that board staff can recall for a prosecutor in Maine, according to Jacqueline Rogers, executive director of the board.
What is the cost to this woman for committing this misconduct and ruining a mans life?
Fisher said the Attorney General’s Office and the bar’s attorney agreed that Kellett could face a 30-day license suspension, but it would be suspended with a requirement that she complete six hours of training in prosecutorial ethics, in addition to training she is already required to complete.
Here’s a listing of the findings by the panel:
After last fall’s grievance hearing, the panel determined that Kellett violated bar rules by:
• Engaging in conduct unworthy of an attorney.
• Engaging in conduct prejudicial to the administration of justice.
• Failing to employ reasonable skill and care.
• Failing to make timely disclosure of the existence of evidence that tends to negate the guilt of the accused, mitigate the degree of the offense or reduce the punishment.
• Suppressing evidence that she had a legal obligation to produce.
• Assisting the state to violate the Maine Rules of Criminal Procedure and the court’s order.
• Employing means that were inconsistent with truth and seeking to mislead the jury.
Ends up the guy was still convicted at his second trial but what if he hadn’t been? 6 hours in a class for a case that he has spent 3 years in prison for already? They may claim it isn’t the norm, but honestly doing it the first time is the hardest, after that you know you can get away with it. You either work ethically, do your job and due diligence, or you don’t. You don’t magically get a pass because, “Well this was the first time.” Well sorry but that’s someone’s life you’re messing with and if you can’t be responsible enough to do the job right, you have no business wielding that power.
I wonder if there would be such leniency if these acts had been committed by a defense attorney and not a prosecutor.
State Sponsored Criminal: Assistant District Attorney Mary Kellett
Because the rules of the Bar are for everyone else. Just because a prosecutor who’s unethical can ruin a mans life doesn’t mean they should be held accountable when they’re caught being.
h/t Rob Halvorson
Well this put a smile on my face though I want to see some jail time go along with it.
The Illinois Supreme Court, on May 23, 2013, filed the opinion on former Edgar County State’s Attorney Michael McFatridge v Lisa Madigan. This case involved McFatridge, and whether the taxpayers were responsible for his litigation expenses after being sued in the course of his official duties.
This opinion means that the State of Illinois is not responsible for McFatridge’s attorney fees as the AG had determined the suit against him involved allegations of acts or omissions of intentional, wilful, or wanton misconduct. Since these civil suits were settled before coming to trial, there is no court or jury to determine that the actions of McFatridge were not of intentional, wilful, or wanton misconduct.
Given the power of a prosecutor he should be held personally accountable and it should take a court of law to prove his that he was acting in the interests of the state in good faith. When you do something that breaks the rules, you should pay, not the tax payers.
h/t Rob Halvorson
Prosecutorial misconduct. Well folks, this one is a hot button of mine. Ask the average citizen, and they are totally unaware that such a thing ever happens. After all, prosecutors are honorable people who are committed to ethics, justice, upholding the law, and to helping protect the public by ensuring that the ”bad guys” are sternly dealt with, and if necessary, isolated from society, or even put to death.
Phil Locke – Prosecutorial Misconduct – What’s to be Done? A Call To Action
May 20th, 2013
[Yup, many seem to think prosecutors are some how infallible or some how looking out for the best interests of society, victims, or any number of things. They’re only actually looking out for one thing, their careers. I’ve had numerous other people come into my life recently who have had their own experiences with the local prosecutor, not to mention a run in from the prosecutorial side.
Nothing says stand up guy than saying there’s not enough evidence to pursue charges against someone for committing a crime even though they posted pictures of themselves committing said crime on Facebook. *No this is neither a joke or exaggeration. A man broken in and vandalized a property and took pictures of himself trespassing on said property as well vandalizing it. The response of the prosecutors office was, “Not enough evidence to prosecute.”*
Remember that the next time you think the law will somehow provide justice. Because as I’ve said before, “there is no correlation between the law and justice”. Not to mention the prosecutorial motto, “It takes a good prosecutor to convict a guilty man, it takes a great prosecutor to convict an innocent one.”
This is a reminder of why I like my buddy
Mike Jefferson so much. –B ]
via Rob Halvorson…